Carlos A. Ball (ed.)

Published in print:

2016

Published Online:

January 2017

ISBN:

9781479883080

eISBN:

9781479898794

Item type:

book

Publisher:

NYU Press

DOI:

10.18574/nyu/9781479883080.001.0001

Subject:

Law, Family Law

This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality ...
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This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights?In doing so, it explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy.Less

After Marriage Equality : The Future of LGBT Rights

Published in print: 2016-06-14

This book brings together twelve original essays by leading scholars of law, politics, and society to address the most important question facing the LGBT movement today: What does marriage equality mean for the future of LGBT rights?In doing so, it explores crucial and wide-ranging social, political, and legal issues confronting the LGBT movement, including the impact of marriage equality on political activism and mobilization, antidiscrimination laws, transgender rights, LGBT elders, parenting laws and policies, religious liberty, sexual autonomy, and gender and race differences. The book also looks at how LGBT movements in other nations have responded to the recognition of same-sex marriages, and what we might emulate or adjust in our own advocacy.

Linda C. Fentiman

Published in print:

2017

Published Online:

September 2017

ISBN:

9780814724828

eISBN:

9780814770290

Item type:

book

Publisher:

NYU Press

DOI:

10.18574/nyu/9780814724828.001.0001

Subject:

Law, Family Law

In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ...
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In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.Less

Blaming Mothers : American Law and the Risks to Children's Health

Linda C. Fentiman

Published in print: 2017-03-17

In the past several decades, medicine, the media, and popular culture have focused on mothers as the primary source of health risk for their children, even though American children are healthier than ever. The American legal system both reflects and reinforces this conception of risk. This book explores how this occurs by looking at unconscious psychological processes, including the ways in which we perceive risk, which shape the actions of key legal decisionmakers, including prosecutors, judges, and jurors. These psychological processes inevitably distort the way that ostensibly neutral legal principles are applied in ways that are biased against mothers. The book shows how assertions that mothers and mothers-to-be have “risked” their children’s health play out in practice. Pregnant women, women who do or do not breastfeed, and mothers whose children are injured or killed by the mother’s abusive male partner end up facing civil lawsuits and criminal prosecution. The book also illustrates how America’s resistance to the precautionary principle has led to an epidemic of children poisoned by lead. Vaccination is the only area in which parents are permitted to opt out of medically recommended health care for their children. The book explores the role of “choice” in children’s health and how it is applied unevenly to mothers and others, including manufacturers of toxic products. The book ends with recommendations for real improvement in children’s health.

Sacha M. Coupet and Ellen Marrus (eds)

Published in print:

2015

Published Online:

March 2016

ISBN:

9780814723852

eISBN:

9780814724217

Item type:

book

Publisher:

NYU Press

DOI:

10.18574/nyu/9780814723852.001.0001

Subject:

Law, Family Law

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways ...
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American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. This book reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. It also explores whether and when children have a right to expression as understood within the First Amendment. This book goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.Less

Children, Sexuality, and the Law

Published in print: 2015-05-22

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. This book reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. It also explores whether and when children have a right to expression as understood within the First Amendment. This book goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

Jane C. Murphy and Jana B. Singer

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an ...
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Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children's lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. This book argues that the current “problem solving” model fails to address the realities of today's families. The book suggests that while today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.Less

Divorced from Reality : Rethinking Family Dispute Resolution

Jane C. MurphyJana B. Singer

Published in print: 2015-06-26

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children's lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. This book argues that the current “problem solving” model fails to address the realities of today's families. The book suggests that while today's dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.

Nancy E. Dowd (ed.)

Published in print:

2011

Published Online:

March 2016

ISBN:

9780814721377

eISBN:

9780814721384

Item type:

book

Publisher:

NYU Press

DOI:

10.18574/nyu/9780814721377.001.0001

Subject:

Law, Family Law

Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, ...
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Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. This book focuses on ways to intervene at the earliest possible point to rehabilitate and redirect—to keep kids out of the system—rather than to punish and drive kids deeper. It presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. The book explores the system's fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.Less

Justice for Kids : Keeping Kids Out of the Juvenile Justice System

Published in print: 2011-10-01

Children and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. This book focuses on ways to intervene at the earliest possible point to rehabilitate and redirect—to keep kids out of the system—rather than to punish and drive kids deeper. It presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. The book explores the system's fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.

Nancy E. Dowd

Published in print:

2010

Published Online:

March 2016

ISBN:

9780814720059

eISBN:

9780814785379

Item type:

book

Publisher:

NYU Press

DOI:

10.18574/nyu/9780814720059.001.0001

Subject:

Law, Family Law

Among the many important tools feminist legal theorists have given scholars is antiessentialism: all women are not created equal, and privilege varies greatly by circumstances, particularly that of ...
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Among the many important tools feminist legal theorists have given scholars is antiessentialism: all women are not created equal, and privilege varies greatly by circumstances, particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it. This book exhorts readers to apply the antiessentialist model—so dominant in feminist jurisprudence—to the study of masculinities. It demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. The book applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. It examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice. Ultimately, the book calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of male privilege and subordination.Less

The Man Question : Male Subordination and Privilege

Nancy E. Dowd

Published in print: 2010-09-20

Among the many important tools feminist legal theorists have given scholars is antiessentialism: all women are not created equal, and privilege varies greatly by circumstances, particularly that of race and class. Yet at the same time, feminist legal theory tends to view men through an essentialist lens, in which men are created equal. The study of masculinities, inspired by feminist theory to explore the construction of manhood and masculinity, questions the real circumstances of men, not in order to deny men's privilege but to explore in particular how privilege is constructed, and what price is paid for it. This book exhorts readers to apply the antiessentialist model—so dominant in feminist jurisprudence—to the study of masculinities. It demonstrates how men's treatment by the law and society in general varies by race, economic position, sexuality, and other factors. The book applies these insights to both boys and men, examining how masculinities analysis exposes both privilege and subordination. It examines men's experience of fatherhood and sexual abuse, and boys' experience in the contexts of education and juvenile justice. Ultimately, the book calls for a more inclusive feminist theory, which, by acknowledging the study of masculinities, can broaden our understanding of male privilege and subordination.

Cynthia Lee Starnes

Published in print:

2014

Published Online:

March 2016

ISBN:

9780814708248

eISBN:

9780814708477

Item type:

book

Publisher:

NYU Press

DOI:

10.18574/nyu/9780814708248.001.0001

Subject:

Law, Family Law

From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an ...
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From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But this book argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. The suggested solution is to radically reconceptualize alimony as a marriage buyout. The buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. The quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, the book outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn't a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.Less

The Marriage Buyout : The Troubled Trajectory of U.S. Alimony Law

Cynthia Lee Starnes

Published in print: 2014-05-16

From divorce court to popular culture, alimony is a dirty word. Unpopular and rarely ordered, the awards are frequently inconsistent and unpredictable. The institution itself is often viewed as an historical relic that harkens back to a gendered past in which women lacked the economic independence to free themselves from economic support by their spouses. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. But this book argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers. The suggested solution is to radically reconceptualize alimony as a marriage buyout. The buyouts draw on a partnership model of marriage that reinforces communal norms of marriage, providing a gender-neutral alternative to alimony that assumes equality in spousal contribution, responsibility, and right. The quantification formulae support new default rules that make buyouts more certain and predictable than their current alimony counterparts. Looking beyond alimony, the book outlines a new vision of marriages with children, describing a co-parenting partnership between committed couples, and the conceptual basis for income sharing between divorced parents of minor children. Ultimately, under a partnership model, the focus of alimony is on gain rather than loss and equality rather than power: a spouse with disparately low earnings isn't a sucker or a victim dependent on a fixed alimony payment, but rather an equal stakeholder in marriage who is entitled at divorce to share any gains the marriage produced.

Frank Rudy Cooper and Ann C. McGinley (eds)

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. This book ...
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According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. This book develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, the book both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the United States and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.Less

Masculinities and the Law : A Multidimensional Approach

Published in print: 2012-08-27

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. This book develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, the book both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the United States and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

Corey S. Shdaimah

While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or ...
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While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible. These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? This book explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn't often champion the rights of the poor. The book draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile. Through consideration of the central themes of progressive lawyering—autonomy, collaboration, transformation, and social change—the book presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power.Less

Negotiating Justice : Progressive Lawyering, Low-Income Clients, and the Quest for Social Change

Corey S. Shdaimah

Published in print: 2009-03-01

While many young people become lawyers for the big bucks, others are motivated by the pursuit of social justice, seeking to help people for whom legal services are financially, socially, or politically inaccessible. These progressive lawyers often bring a considerable degree of idealism to their work, and many leave the field due to insurmountable red tape and spiraling disillusionment. But what about those who stay? And what do their clients think? This book explores how progressive lawyers and their clients negotiate the dissonance between personal idealism and the realities of a system that doesn't often champion the rights of the poor. The book draws on over fifty interviews with urban legal service lawyers and their clients to provide readers with a compelling behind-the-scenes look at how different notions of practice can present significant barriers for both clients and lawyers working with limited resources, often within a legal system that many view as fundamentally unequal or hostile. Through consideration of the central themes of progressive lawyering—autonomy, collaboration, transformation, and social change—the book presents a subtle and complex tableau of the concessions both lawyers and clients often have to make as they navigate the murky and resistant terrains of the legal system and their wider pursuits of justice and power.

Nancy E. Dowd (ed.)

This book aims at nothing less than a complete reform of the existing juvenile justice system: not minor change or even significant overhaul, but the replacement of the existing system with a ...
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This book aims at nothing less than a complete reform of the existing juvenile justice system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. Uniformly, the book agrees that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, the chapters envision a system responsive to the needs of youth as well as to the community's legitimate need for public safety. The book asks how can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work, as well as on-the-ground programs and experience, the book sketches out the parameters of such a system. Providing the principles, goals, and concrete means to achieve them, it imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.Less

A New Juvenile Justice System : Total Reform for a Broken System

Published in print: 2015-05-15

This book aims at nothing less than a complete reform of the existing juvenile justice system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. Uniformly, the book agrees that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, the chapters envision a system responsive to the needs of youth as well as to the community's legitimate need for public safety. The book asks how can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work, as well as on-the-ground programs and experience, the book sketches out the parameters of such a system. Providing the principles, goals, and concrete means to achieve them, it imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.